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A Dutch court has held the Netherlands responsible for the deaths of three Muslim men executed by Bosnian Serb troops in the massacres at Srebrenica.
The unexpected ruling by a court in The Hague, which comes against the backdrop of the ongoing trial of General Ratko Mladic, the man who commanded the Bosnian Serb troops during the massacre, could open the field for new suits against the Netherlands by relatives of other Srebrenica victims.
Human rights organisations said the decision was a milestone in the legal treatment of peacekeeping operations.
“This is the first time that a state is being held accountable for the conduct of its peacekeepers,” said Michael Bochenek, director of law and policy at Amnesty International.
“Previously in Bosnia, Kosovo and elsewhere, courts have held that troops and states were immune because the UN has immunity.”
Mr Bochenek said the ruling was unlikely to deter states from contributing to peacekeeping operations. States are already aware that their troops must abide by the rules of international law during peacekeeping operations, he said.
http://www.ft.com/cms/s/0/a7b54ab6-a713-11e0-a808-00144feabdc0.html#axzz1RI41TNyP
As much as I think that the Dutch were despicable in their allowing the massacre at Srebrenica this use of the courts is out of line, just as is the indictment of Gaddafi while he is still in power. The international courts have made the same fundimental mistake the American courts have made, and that is believing that the law and the courts are the right tool for every job. Putting UN peacekeeping forces in legal jeopardy will absolutely call into doubt the arguments for doing peacekeeping missions in service of the global community.
The improper use of law is weakening civilization, we should consider a change of course.
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